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position, numbers, &c., of the U. S. troops that you may meet or pass on the road.

I am, sir, very respectfully, your obedient servant,

CHESTER HARDING, JR.,

Colonel, Commanding Post, Patterson, Mo.

HEADQUARTERS MILITARY DISTRICT OF WASHINGTON,
December 9, 1862.

Brigadier-General MARTINDALE,

Military Governor of Washington. GENERAL: I have the honor to state that in the course of investigation of prisoners at the Old Capitol Prison for the past two months I have found a great many prisoners of State whose only objection to taking the oath of allegiance to the United States being apparently that their property and families were beyond the lines of the U. S. forces, and such a course on their part would only subject them to arrest and incarceration by the Confederate authority and their property by the existing laws of the Confederate Government to confiscation.

As the policy of the United States Government is and has been to allow persons freedom of opinion and speech and not to make arrests on account of proclivities or sympathies with the Southern Confederacy, I would earnestly suggest that the next commission on the part of the United States for the exchange of civilian prisoners be instructed to confer with the Confederate authorities with the view of preventing the arrest by either Government of any person or persons for their sympathies or loyalty to either section, and that such arrests shall not be made unless some overt act has been committed.

By such a course we would soon have a large number of loyal and avowed Unionists in the seceding States, the number increasing as their confidence increased, and this confidence extending through the several Southern States now partially occupied by the U. S. forces. Such a course could not fail to be of incalculable value to the Government and its interests.

I have the honor to be, general, very respectfully, your obedient servant,

JOHN P. SHERBURNE,
Assistant Adjutant-General.

DEPARTMENT OF STATE, Washington, December 10, 1862.

Hon. EDWIN M. STANTON, Secretary of War.

SIR: Mr. Mercier, the minister from France, has submitted to me a correspondence which has taken place between Major-General Butler and Admiral Reynaud* in regard to the case of Mr. Le More, said to be a French subject, whom the general has caused to be confined in Fort Pickens at hard labor with a ball and chain attached to his leg. Mr. Le More is charged by Major-General Butler with having been engaged in supplying the insurgents with stores and with contumacy in refusing to submit to an examination and to produce papers. But Major-General Butler has promised the admiral that the accused shall have a military trial.

*See Butler to Seward, November 29, Vol. IV, this Series, p. 767.

Having taken the instructions of the President I have to request that instructions may be given to Major-General Butler or to whomsoever may be in command at New Orleans that those additions to the confinement be removed, that he be released from labor and from the ball and chain. I have the honor to be, sir, your obedient servant,

WILLIAM H. SEWARD.

HDQRS. DEPT. OF MISSISSIPPI AND EAST Louisiana,

Jackson, Miss., December 10, 1862.

Maj. Gen. U. S. GRANT, Comdg U. S. Forces, West Tennessee, &c. GENERAL: I am credibly informed that Lieutenant-Colonel Hedgpeth, Sixth Missouri Infantry, C. S. Army, who was severely wounded in the engagement near Corinth, is now at the Overton Hospital, Memphis, subjected to unusually hard treatment-his parole, watch, and money taken from him. If this statement is correct I respectfully request that you will inform me of the reasons why the privileges assured by the cartel for the exchange of prisoners are denied in Colonel Hedgpeth's case, and further request that he be either paroled at once or sent to Vicksburg for exchange by the first opportunity. I am, general, very respectfully, your obedient servant,

General BRAGG.

J. C. PEMBERTON, Lieutenant-General, Commanding.

MURFREESBOROUGH, December 10, 1862.

SIR: Some months since Hon. A. J. Marchbanks, of Warren County, was arrested by the Federals and sent to Camp Chase, where he has been confined up to this time as a political prisoner. At the time of his arrest he was one of the circuit judges of the State, but his official term has expired since that time. He is a quiet and most excellent citizen, firm and unwavering in his devotion to the Confederate cause, but modest, quiet, and unobtrusive. About a month since Doctor Charlton (of the neighborhood of La Vergne), a Union man, was arrested by General Forrest and sent to this place. At my instance the commandant of the post, Captain O'Harra, and Doctor Charlton each wrote to the Federal authorities at Nashville proposing to exchange Charlton for Judge Marchbanks, but I have not been able to hear anything in answer to this proposition up to this time, and address you for the purpose of asking that you correspond with General Rosecrans upon the subject and, if possible, secure the release of Judge Marchbanks. Respectfully, ISHAM G. HARRIS.

[First indorsement.]

HEADQUARTERS DEPARTMENT No. 2,

Murfreesborough, Tenn., December 14, 1862.

Referred to Maj. Gen. W. S. Rosecrans, who will no doubt promptly secure the release of this citizen under our recent agreement.

BRAXTON BRAGG,

General, Commanding.

[Second indorsement.]

HDQRS. DEPARTMENT OF THE CUMBERLAND,

Nashville, December 16, 1862.

Respectfully referred to His Excellency Governor Johnson, who may

know something about this case.

By command of General Rosecrans:

J. P. GARESCHE,

Assistant Adjutant-General, Chief of Staff.

EXECUTIVE OFFICE,

Respectfully returned.

[Third indorsement.]

Nashville, Tenn., December 16, 1862.

There has been no correspondence with this office on the subject of an exchange of Judge Marchbanks for Doctor Charlton. On the 5th instant Rev. C. D. Elliott, a political prisoner, was paroled for twenty days from that date to effect an exchange for Dr. James Charlton, of La Vergne, a political prisoner held by the Confederates, as set forth in the pass beyond our lines furnished Mr. E. by the provost-marshalgeneral. I have not as yet been advised as to the result of Mr. Elliott's efforts to effect said exchange.

Judge Marchbanks is held as a political prisoner at Camp Chase, as stated within.

ANDREW JOHNSON, Military Governor.

[Fourth indorsement.]

HDQRS. DEPARTMENT OF THE CUMBERLAND,

Nashville, December 17, 1862.

Respectfully forwarded to the Adjutant-General.

W. S. ROSECRANS, Major-General, Commanding Department.

SAINT LOUIS, December 10, 1862.

Col. J. HILDEBRAND, Commanding Alton Military Prison. COLONEL: Will you find out the facts of the arrest of W. H. Hawkins, Twenty-second Tennessee Volunteers, and report at once to this office all the facts in the case? This man has been the subject of a demand by General Bragg through a letter forwarded to General Curtis by General Wright, from Cincinnati. It is important to know of him at once. He is said to have gone in with flag of truce and been iraproperly retained and to be now at Alton.

I am, colonel, very respectfully,

F. A. DICK,

Lieutenant-Colonel and Provost-Marshal-General.

HEADQUARTERS PAROLED PRISONERS,
Near Annapolis, Md., December 10, 1862.

Col. W. HOFFMAN, Commissary-General of Prisoners.

SIR: I have the honor to report the result of the examination of the men in camp who complained to the Secretary of War of murders being committed in camp which I spoke of in my letter to you of 7th instant. The men ordered away will leave here at 3 p. m. to-morrow and I will send you the rolls complete by the next mail. There are about 300 men going.

I am, colonel, very respectfully, your obedient servant,
GEO. SANGSTER,

Lieut. Col. 47th N. Y. S. M., Commanding Paroled Prisoners.

[Inclosure.]

Statement of Private M. Shaw, Company D, Forty-fourth New York Volunteers, December 7, 1862.

Question. Do you know of any murder being committed in or about this camp?

Answer. No.

Question. Have you any reliable information of any murder being committed in or about this camp?

Answer. I think I have.

Question. Of what does your information consist?

Answer. Of reports.

Question. Give a report of one murder.

Answer. The report of Prentiss S. Frink, of Company D, Forty-fourth New York Volunteers, that he was informed at the hospital of the burial of a man who died from the effects of injuries received in camp.

Question. Do you know the name of the person murdered?

Answer. No.

Question. Was it a man or a boy?

Answer. I don't know. I suppose it was a man.

Question. What reason have you [to suppose] that it was a man?

Answer. I have no reason only that there are very few boys that stay in camp nights.

Question. Do you know who the parties were who committed the offense?

Answer. No.

Question. Was the act committed inside the chain of sentinels or outside?

Answer. Reported to have been inside.

Question. Who reported it to be within the chain of sentinels?

Answer. Corpl. A. J. Hurd, Company A, Forty-fourth New York Volunteers, and W. E. Chineworth, First Maryland Cavalry.

Question. At what particular part of the camp was the offense committed?

Answer. In front of the tent of A. J. Hurd.

Question. Did Hurd or Chineworth say that they saw the murder committed?

Answer. No.

Question. Did they say they saw the body of the person murdered? Answer. Yes; Chineworth said so.

Question. Did either Hurd or Chineworth say they saw the persons that committed the deed?

Answer. They did not.

Question. How did Hurd know that a murder had been committed in front of his tent?

Answer. I don't know.

Question. When did they tell you this murder had been committed? Answer. Some time the latter part of October or the first part of November, perhaps.

Question. Why do you think it was about that time?

Answer. Because I think it was about that time.

Question. Did you ever attempt to ferret out the murderers?

Answer. I did not.

Question. Do you know or have you heard of any other murder having been committed in or about this camp?

Answer. I have heard it remarked that there have been several murders committed.

Question. Who have you heard make these remarks?

Answer. Sergt. James O'Neil, Company B, Ninth Massachusetts Volunteers; Josiah M. Darrel, Company E, Twentieth Massachusetts Volunteers; James N. Lynch, Company F, Fortieth New York Volunteers, and Harry Wilson, Company E, Fortieth New York Volunteers.

Question. What information did you receive from these men?

Answer. I got no information except the talk.

Question. Have you ever heard anything in reference to the several murders of which you speak except vague and indefinite reports?

Answer. No.

Question. Do you know of any gambling being carried on in this camp?

Answer. Yes.

Question. Can you give me the names of the party or parties engaged in gambling?

Answer. Yes. W. E. Chineworth.

Question. Was Chineworth engaged as the dealer or bettor ?

Answer. I supposed he was the one that owned the bank.

Question. Did you ever gamble yourself?

Answer. No.

Question. What kind of a game was Chineworth playing?
Answer. I don't know the name of the game but it was with dice.

Question. How often did you see Chineworth playing?

Answer. I saw him several times.

Question. When you say several times, do you mean several times in one day or several times in several days?

Answer. Several times in several days.

Question. Do you know of any one else engaged in gambling?

Answer. I do not know the name of any one else.

Question. Did you ever see Prentiss S. Frink gambling?

Answer. No. I have seen Frink standing by Chineworth but did not know whether there was gambling going on or not.

Question. What were the actions of Chineworth when you saw him gambling?

Answer. He was rattling dice.

Question. Did you see any money on the table?

Answer. I saw money and checks.

Question. Do you know how much capital Chineworth had invested in this business?

Answer. No; I do not.

Question. Did you ever report Chineworth as having gambled to

any officer?

Answer. No.

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